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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23164
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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what is the speedy trial time for a DV assualt 4 charge

Customer Question

what is the speedy trial time for a DV assualt 4 charge?
Submitted: 6 years ago via ExpertLaw.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.

In Washington state if you're incarcerated you have to be brought to trial in 60 days, otherwise (or if the defendant is released before 60 days) 90. BUT, good as that looks, 60 or 90 days are not a true 60 or 90 days, because certain things happen to keep the clock from counting down. For instance, if the defense specifically asks for an adjournment, that time in between the court date and the next does not count towards the 60 or 90 days. If motions are being filed and decided by the court, that time doesn't count. If the prosecution and the defense consent to an adjournment (to investigate a deal, for example) that time doesn't count. If the prosecution and the defense are both ready to go to trial but there are no free courtooms to send the case to, that time doesn't count.

The only time, in fact, that does count towards the 90 days is when the defense is ready to go forward but for one reason or another, the prosecution is not.

So it's not unusual for the "90 days" to take a year. In point of fact, speedy trial dismissals happen only rarely. Prosecutors and defense lawyers keep a pretty close eye on the speedy trial clock. A prosecutor who has too many of his cases pitched on speedy trial grounds is one who will get in trouble with his boss.

You can ask your lawyer about whether you're getting close to your speedy trial time, as it's nothing that I can possibly calculate from here. Counting up the includable and excludable days takes a lot of work, with help from your lawyer's notes and the judge's notations on the court papers. I do not know each and every adjournment that transpired in your case and what the reasons for each were. And also, there was a rearrest, which would start things rolling again because as the cases are related you would want them handled together.

Were your rights violated? My guess is that they probably were not, but I'm just going with the odds. Your lawyer would know for sure.

Edited by FranL on 7/2/2010 at 3:17 AM EST